Credit Due to Test Fees Not Paid by Sequenom. In the event that Sequenom fails to pay any Test Fee owing under this Agreement based on Licensed NIPT LDT Tests performed by a Sequenom Party, then the full amount of such unpaid debt (i.e., not just the share due to Sequenom) shall be credited against the Annual Minimum in the same year. The provisions of Section 3.5(b) to establish a floor for adjustments shall not be applicable to this Section 3.5(b)(iii).
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Sources: Pooled Patents Agreement (Sequenom Inc), Pooled Patents Agreement (Illumina Inc), Pooled Patents Agreement (Sequenom Inc)
Credit Due to Test Fees Not Paid by Sequenom. In the event that Sequenom fails to pay any Test Fee owing under this Agreement based on Licensed NIPT LDT Tests performed by a Sequenom Party, then the full amount of such unpaid debt (i.e., not just the share due to Sequenom) shall be credited against the Annual Minimum in the same year. The provisions of Section 3.5(b) to establish a floor for adjustments shall not be applicable to this Section 3.5(b)(iii).. ***Confidential Treatment Requested
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